Conolly v. Jolly
Appellate Terms of the Supreme Court of New York
Appeal by defendant Thulstrup, from an order set-' ting aside the verdict of a jury in her favor in the Municipal Court of the city of New York, borough of Manhattan, fifth district.
1Opinion of the CourtBijur, J.
The verdict was set aside apparently as against the weight of evidence. While in this respect we would naturally hesitate to disturb the view of the trial judge, nevertheless, it must be said that the record does not disclose any salient reason for setting aside the conclusion arrived at by the jury.
The order must, however, be reversed for a different reason. The record shows that after the jury had rendered its verdict defendant made the usual motion to set it aside and the court said; “ I will not at this *43time disturb the verdict. Motion denied for the present.” Subsequently, on affidavits,…
2Cases cited2 opinions
- Colwell v. New York, New Haven & Hartford RailroadNew York Supreme Court · 1908
- Stodder v. New England Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Prudential Paper Co. v. Ashland Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1931